Gujarat HC order vs MCS (Amendment) Ordinance, 2013

01. Constitutional (97th Amendment) Act 2011, incorporated definitionarticles namely 243-ZH to 243-ZT, on 12-01-2012. The Parliament gave the States one full year to make appropriate amendments to its Cooperative Acts.

02. MCS (Amendment) Ordinance, 2013, was promulgated on 14-02-2013, and is BASED on the Constitutional (97th Amendment) articles namely 243-ZH to 243-ZT. The Maharashtra State Govt., could not amend the MCS Act of 1960 within this one full year, hence the Maharashtra Governor had to issue the aforesaid ordinance, keeping in line with the directions of the Parliament.

03. The MCS (Amendment) Ordinance, 2013, amended certain sections of the MCS Act, based and in-line with the definition-article namely 243-ZH to 243- ZT (as per the Constitutional – 97th Amendment)

THE BUMPER SPOILER:

04. Gujarat High Court, in Writ Petition (PIL) no. 166 of 2012, vide its order dated 22-04-2013, has declared the Constitution [97th amendment] Act, 2011 as ultra vires of the Constitution of India. SPECIFICALLY & SPECIALLY DECLARING THAT “Articles 243ZH to 243ZT is ultra vires”.

a) Ultra-Vires means a “law-debilitating-virus” that declares something as

c) The Hon. Judges have REFUSED to grant “STAY on the OPERATION of the its Judgment”, which means that the judgment is effective with immediate effect and would continue to be effective TILL the Supreme Court decides otherwise.

d) EFFECTIVELY, the above means that the Gujarat High Court judgment, is